Discover published sets by community

A view that the law should be interpreted based on its purpose and the intentions of the legislators. Influential interpretivists include Ronald Dworkin, who proposed the 'law as integrity' concept.

The principle that all people and institutions, including the government, are subject and accountable to law that is fairly applied and enforced. Important proponents include A.V. Dicey.

A perspective on legal philosophy that focuses on the actual practice of law and contends that the law is what the judiciary, in fact, do in practice. Influential legal realists include Oliver Wendell Holmes, Jr. and Jerome Frank.

A movement that challenges and seeks to overturn accepted norms and standards in legal practice and theory, often focusing on the social, historical, and political influences. Duncan Kennedy is a key figure.

A viewpoint that understands the law as a tool of oppression used by the ruling class to control the working class. Karl Marx and Friedrich Engels are primary contributors to this perspective.

A normative ethical position where the morality of an action should be based on whether that action itself is right or wrong under a series of rules, rather than based on the consequences of the action. Immanuel Kant is a central figure in deontological ethics.

An approach to law that reveals how legal systems perpetuate gender inequalities and aims to reform those laws to realize gender equality. Key figures include Catharine MacKinnon and Patricia Williams.

A normative ethical theory that proposes the best legal decisions are those that maximize overall happiness or welfare. Influential philosophers include Jeremy Bentham and John Stuart Mill.

The view that people's moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. Thinkers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau are key figures.

A philosophical tradition that emphasizes individual freedom, rights, and equality before the law. Influential philosophers include John Locke, Thomas Hobbes, and John Stuart Mill.

The belief that legal systems should reflect universal moral and ethical principles that are inherent in human nature. Influential philosophers include Aristotle, Thomas Aquinas, and John Finnis.

The idea that legal decisions should be made purely based on logical deduction from established principles, without considering social or political factors. Influential formalists include Christopher Columbus Langdell and Roscoe Pound.

A theory that there is no inherent connection between law and morality, and that the validity of a law is determined by its sources, not its content. Influential philosophers include John Austin, H.L.A. Hart, and Jeremy Bentham.

A systematic and highly formalized approach to legal interpretation and the building of legal doctrines that rely on deducing conclusions from general principles. Rudolf von Jhering and Hans Kelsen's pure theory of law contribute to this doctrine.

A method of legal analysis that applies economic principles to the examination of law, advocating for efficiency as the guiding principle in legal decision-making. Richard Posner is a notable advocate.

The recognition that multiple legal systems can coexist within a single state or society, such as religious law, customary law, and state law. Key thinkers include Sally Falk Moore and Brian Tamanaha.

The theory and methodology of interpretation, especially the interpretation of biblical, literary, and philosophical texts, in legal context. Hans-Georg Gadamer's philosophical hermeneutics has made significant contributions to this field.

A critical approach to legal theory that argues against the possibility of objectivity within the law, influenced by broader postmodernist critiques of meta-narratives and truth. Notable proponents include Jacques Derrida and Richard Rorty.

A political philosophy that views the state as undesirable, unnecessary, and harmful, advocating for a society without laws or coercion. Influential anarchists include Mikhail Bakunin and Peter Kropotkin.

A legal theory that suggests laws should be understood and applied based on the interests they protect and the social purposes they serve. Key figure: Rudolf von Jhering.

The belief in limiting government power through a written or unwritten constitution that entails checks and balances and the separation of powers. Important figures include Montesquieu and James Madison.

An approach to legal theory that emphasizes virtues and character traits rather than rules or consequences. Aristotle's virtue ethics is a significant influence.

A legal philosophy asserting that laws should be made and enforced by representatives of a free citizenry, and that law derives its legitimacy from popular consent and participation. John Dewey is an influential thinker in this area.

A political philosophy that advocates for minimal state intervention in the personal and economic lives of individuals, emphasizing personal freedom and autonomy, often connected to the work of Robert Nozick.